Assaulting a law enforcement officer is a serious offense under state law. Depending on how an alleged assault occurred, a conviction could carry a significant prison term, fines, and other lasting consequences on your life.
To protect your rights and freedom, you should work with an experienced assault attorney to build your defense. Contact a skilled Carrollton assault on an officer lawyer at J. Ryan Brown Law today to learn how they can help.
Georgia criminal statutes define two forms of assault charges: simple assault (a misdemeanor) and aggravated assault (a felony). The enhanced penalties we are pointing out in this article, however, focus on when aggravated assault is committed against a public safety officer while they are working or because of their job.
Aggravated assault is a felony in Georgia and is typically punishable by between one and 20 years in prison. However, a conviction for aggravated assault against a law enforcement officer in Carrollton carries enhanced penalties.
If the assault involves the use of a gun, prison sentencing ranges from 10 to 20 years. If the person being convicted is over 17, they must serve a mandatory minimum of 10 years. This ten years cannot be served on probation, suspended, or anything of the like. If the defendant is under 17 years of age, the minimum sentence is five years. The judge may go below the minimums if the prosecutor agrees, however, this is rare.
If the offense doesn’t involve a firearm, but utilizes something other than the defendant’s body, the minimum sentence is five years. In these situations, if the defendant is at least 17 years old at least three of the years must be served in prison with no option of probation.
When there is no weapon, this sentence ranges from five to 20 years, and probation is a sentencing option. If you face a charge for assault on an officer, talk to a Carrollton lawyer with experience handling these types of cases.
Being accused of committing an assault on a law enforcement officer does not mean you are automatically guilty. You are still presumed innocent and remain that way unless found guilty at trial or upon entering a guilty plea. There are a range of potential defenses to this charge.
One potential defense to this charge is to raise doubt about the officer’s version of events. In this age of cell phone videos and security cameras, challenging the officer’s account is not necessarily a he-said-she-said situation. Video evidence can show that what actually occurred differs significantly from the authorities’ account of events and could lead to a dismissal or significant charge reduction. Sometimes, a police body cam may exonerate the defendant, otherwise the absence of video footage may be considered suspicious by the jury.
Seeking the help of an experienced lawyer in Carrollton is the most reliable way to challenge the charges against you and ensure your rights and your freedom are protected.
Being charged with assaulting a law enforcement officer puts your rights and freedoms in danger. Depending on the specific allegations, you could face severe punishments that affect your finances, family, and future. You have the right to protect yourself from these consequences by hiring an experienced Carrollton assault on an officer lawyer.
At J. Ryan Brown Law, we aggressively protect our client’s rights inside and outside of the courtroom. Do not wait to get the legal help you need. Contact us online or call now.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
